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(영문) 청주지방법원충주지원 2015.11.05 2015가단3665
건물철거 등
Text

1. The Defendant indicated the attached Form No. 1, 2, 3, 4, 5, 6, 7, and 8, on the part of 1,649 square meters in the voice group of Chungcheongbuk-gun.

Reasons

1. Facts of recognition;

A. On September 30, 2009, the Plaintiff entered into a sales contract with the Plaintiff and the Defendant: (a) on September 30, 2009, the Plaintiff sold to the Defendant the purchase price of KRW 472,50,000, and KRW 50,000,000, out of the down payment, the remainder of KRW 422,50,000,000, and the remainder of KRW 422,50,000,000 on December 31, 200, respectively; (b) provided that “the remainder of the period of repayment may be extended according to the building process” as a special agreement.

(hereinafter referred to as "the sale of this case") b.

(1) On September 30, 2009, the Defendant paid the Plaintiff the down payment of KRW 50,000,000, and KRW 100,000,000 out of the above purchase price on June 9, 2010, respectively. (2) On July 15, 2010, the Plaintiff set up a right to collateral security against each of the instant land to the debtor, the Defendant, the maximum debt amount of KRW 350,00,00 with respect to each of the instant land to the Young-si Saemaul Bank on July 15, 2010.

The Defendant obtained a loan of KRW 250,000,000 from the Youngdong Community Fund as security, and remitted the same to the Plaintiff.

3) On April 17, 2012, the Plaintiff obtained a loan of KRW 300,000,000 with respect to each of the instant lands from the Plaintiff and the Plaintiff, the maximum debt amount of KRW 390,000,000, with respect to each of the instant lands, and subsequently, repaid the loans of KRW 250,000,000 as stated in paragraph (2) of the said loan, and delivered the remainder of KRW 50,00,000 to the Defendant.

4) On October 11, 2013, the Plaintiff changed the maximum debt amount of the right to collateral security to KRW 455,000,000,000, and subsequently granted 50,000 to the Defendant with additional loans from Samsung Heavy Credit Union.

5. On October 11, 2013, the husband F of the defendant and the defendant, "the plaintiff on each land of this case" is the land use condition after the contract.

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